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HomeMy WebLinkAboutPZ09-04Me ei y of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZO9 -04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.260 BE AMENDED TO BETTER PROVIDE FOR ENFORCEMENT FOR VIOLATIONS OF THE KENAI CITY CODE AND TO PROVIDE FOR APPEAL OF ADMINISTRATIVE ENFORCEMENT ORDERS TO THE BOARD OF ADJUSTMENT. WHEREAS, KMC 14.20.260 provides for the administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 does mention the role of the City's Planner in administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 should be amended to define the role of the Planner in administration and enforcement of the Kenai Zoning Code; and WHEREAS, KMC 14.20.260 also needs to be amended to better provide for administrative enforcement of the Kenai Zoning Code and other portions of the City Code; and, including enforcement orders and administrative fines; and, WHEREAS, KMC 14.20.260 should include the ability of a person served with an enforcement order to appeal that order to the city's Board of Adjustment. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA amend KMC 14.20.060 as shown on Attachment "A." PASSED BY THE PLANNING AND ZONING COM]I OF HE CITY OF KENAI, ALASKA, this 11TH day of February 2009. A1' 'ST 0(24 CHAIRMAN New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 14.20.260 Administration, enforcement, and penalties. [(A) THE CITY MANAGER OF THE CITY OF KENAI IS NAMED AS THE ADMINISTRATIVE OFFICIAL FOR THE PURPOSE OF ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER. (B) IF THE ADMINISTRATIVE OFFICIAL FINDS THAT ANY OF THE PROVISIONS OF THIS CHAPTER ARE BEING VIOLATED, HE OR SHE SHALL NOTIFY IN WRITING THE PERSON RESPONSIBLE FOR SUCH VIOLATIONS, INDICATING THE NATURE OF THE VIOLATION AND ORDERING THE ACTION NECESSARY TO CORRECT IT. HE OR SHE SHALL ORDER DISCONTINUANCE OF ILLEGAL USES OF LAND, BUILDING, OR STRUCTURES; REMOVAL OF ILLEGAL BUILDINGS, OR STRUCTURES OR OF ADDITIONS, ALTERATIONS, OR STRUCTURAL CHANGES THERETO; DISCONTINUANCE OF ANY ILLEGAL WORK BEING DONE; OR SHALL TAKE ANY OTHER ACTION AUTHORIZED BY THIS CHAPTER TO INSURE COMPLIANCE WITH OR TO PREVENT VIOLATIONS OF ITS PROVISIONS.] a. Planning and Zoning Administration and Enforcement.. The administration and enforcement of the Kenai Zoning Code is a function of the Planner under the supervision of the City Manager. b. City Planner Functions and Powers. 1. The City Manager may appoint a City Planner and one or more assistants, however denominated. 2. If appointed by the City Manager, the City Planner shall have all functions and may exercise all powers necessary to administer and enforce the zoning code. Assistants to the City Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner's supervision. 3. Administration and enforcement functions and powers of the City Planner include, but are not limited to maintaining records of all zoning text and district changes related to this title. c. Enforcement orders. 1. In addition to any other remedy or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai City Code or other law, the City Manager or the City Planner may order: (A) The discontinuation of a use of land or a structure that is in violation of the Kenai Zoning Code, a regulation or a permit. (B). The abatement or removal of a structure or part of a structure that is in violation of the Kenai Zoning Code, a regulation or a permit. (C). The discontinuation of construction or other activity preparatory to a structure or use of real property that is in violation of the Kenai Zoning Code, a regulation or a permit. (E). The suspension or revocation of a permit under which a violation of the Kenai Zoning Code or regulations is occupied, maintained, constructed or established. (F). The restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, damaged, altered or removed in violation of the Kenai Zoning Code, regulations or a permit. (F). Any other action necessary to prevent, abate or discontinue a violation of the Kenai Zoning Code, a regulation or a permit. (G). Correction or abatement of a violation of KMC 12.25.030. (H). Correction or abatement of a violation of KMC 12.20.20 -50. 2. An enforcement order issued under subsection (c) of this section may be directed to one or more violators. 3. A written enforcement order issued under subsection (c) of this section that is served on a violator personally or by certified mail is immediately appealable to the Board of Adjustment. An appeal must be filed within 15 days of service of the written enforcement order. Failure to PZ09 04 Attachment A Page 1 appeal to the Board of Adjustment within 15 days of service shall constitute a waiver of all rights of appeal from the order. The procedure for appeals is set forth in KMC 14.20.290. 4. During such time that an enforcement order is under appeal, no further use or development contrary to the order may continue. 5. Upon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (c), the officer who issued the order may terminate the order or issue written confirmation of satisfactory compliance with the order. 6. An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Kenai Zoning Code, a regulation or a permit. The pendency of any proceeding regarding an enforcement order issued under subsection (c) of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order. d. Whenever a written enforcement order is in effect that has not been appealed, or if appealed, remains in effect during an appeal or after all appeals are exhausted, and a violation continues to exist, the City Manager may: a) Commence proceedings to cause the abatement of the violation or, f2) Assess an administrative fine, not exceeding $250.00 per day, for failure to comply with an enforcement order. e.[C] No permit for the erection, alteration, moving, or repair of any building or other structure shall be issued until an application has been made for a certificate of zoning compliance, and the certificate has been issued by the administrative official in conformity with the provisions of this chapter. The administrative official shall maintain a record of all certificates of zoning compliance and copies shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and shall be punishable as provided in this section. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations, existing or proposed uses of the building and land; the number of family housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The administrative official shall render his decision within thirty (30) days of the filing of the application for a certificate of zoning compliance. However, this time limit may be extended by common consent and agreement signed by both the applicant and the administrative official. One copy of said plans shall be returned to the applicant by the administrative official, after he or she hall have either attached a certificate of zoning compliance or marked the plans as disapproved and attested to the same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official. 11D] Complaints Regarding Violations. Any person may file a complaint regarding an alleged violation thereto. All such complaints shall be brought to the attention of the administrative official who shall record such complaint and immediately investigate and report thereon to the Commission and take any action required by this section. g[E] Penalties for Violations. For any and every violation of the provisions of this chapter, the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation exists, shall be subject to a [CIVIL] penalty in an amount as provided in KMC 13.05.010. Each and PZ09 -04 Attachment A Page 2 every day that such violation continues shall be deemed a separate and distinct violation. All remedies provided for herein shall be cumulative and not exclusive. The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code without a certificate of zoning compliance shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted. PZ09 -04 Attachment A Page 3